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England and Wales decisions
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Adoption is the only option that meets both the children’s need for permanence and ongoing sibling contact; long-term foster care cannot provide the same degree of security and belonging. The welfare of D and E requires dispensing with parental consent and making care and placement orders, with sibling contact prioritized in the care plan.
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The judge did not err in refusing the placement order for adoption because, despite not setting out a formal balance sheet, he adequately considered and weighed the relevant factors, including the child’s settled status with current foster carers, the realistic prospects of adoption with meaningful contact, and the best interests of the child. The evidence supported the conclusion that long-term foster care with the current carers was in S’s welfare interests and that her welfare did not require dispensing with parental consent for adoption.
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Oxfordshire County Council v M & Ors [2026] EWFC 92 (B) (27 April 2026)
Care proceedings involving chronic neglect. The court made final care orders for three children, refused a further assessment of the father, and endorsed long-term foster care.
S, Re (Foster Care or Placement for Adoption) [2026] EWCA Civ 47 (05 February 2026)
The Court of Appeal dismissed a local authority's appeal against refusal of a placement order, upholding long-term foster care for S.
X & Y (Children), Re (Dispute as to Maternity) [2025] EWFC 475 (B) (22 December 2025)
The court made final care orders for two children and approved long-term foster care, but refused to declare that the respondent was not their biological mother.
The risk of harm to the children by virtue of separating such close siblings outweighs the risks to them of remaining in long-term foster care. Adoption is not necessary or proportionate in the circumstances. Care orders with care plans for long-term foster care are granted; placement orders for adoption are dismissed.
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Oxfordshire County Council v M & Ors [2025] EWFC 256 (B) (11 August 2025)
The court granted care orders for four siblings but refused placement orders and adoption plans, finding long-term foster care better protected their sibling bond and welfare.
Sheffield City Council v The Mother & Ors [2025] EWFC 255 (B) (06 August 2025)
The Family Court made final care orders for three children and approved long-term foster care together, refusing the mother's bid to return Bella home.
Adoption orders are refused because the applicants have not demonstrated the ability to consistently meet the children’s complex needs through therapeutic parenting, and the risks of harm, placement disruption, and loss of multi-agency support outweigh the advantages of adoption. The children’s welfare does not require dispensing with parental consent, and long-term foster care best meets their needs at this time.
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Adoption is the only option that meets the lifelong welfare needs of S and H, providing permanence, stability, and security, outweighing the risks and disadvantages of long-term foster care. The evidence does not support rehabilitation to the mother within the children's timescales, and there are no guarantees the current foster carers could provide lifelong care. The welfare of the children requires dispensing with parental consent and making care and placement orders with a plan for adoption, with supported direct contact post-adoption.
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